27,2837Section
2837. 49.174 of the statutes is renumbered 49.729 and amended to read:

49.729 (title) FeesCounty infirmaries; fees and expenses of proceedings. The fees of examining physicians, witnesses and guardians ad litem and other expenses of proceedings under ss. 49.171 to 49.173
49.72 to 49.726 shall be governed by s. 51.20 (18).

27,2838Section
2838. 49.175 (title) of the statutes is renumbered 49.73 (title) and amended to read:

49.177 (2) (a) 3. (intro.) Any needy person or couple residing in this state whose income, after deducting income excludable under federal Title XVI, is less than the combined benefit level available under federal Title XVI and this section., if at least one of the following requirements are met:

27,2846cSection 2846c. 49.177 (2) (a) 3. a.
and b. of the statutes are created to read:

49.177 (2) (a) 3. a. The person or couple was eligible for a state supplement under this section based on the last federal eligibility determination prior to January 1, 1996, but was not eligible to receive a payment under federal Title XVI on that date.

b. In at least one month after January 1, 1996, the person or couple was eligible to receive a payment under federal Title XVI.

27,2848Section
2848. 49.177 (2) (b) of the statutes is renumbered 49.177 (2m) and amended to read:

49.177 (2m) (title) Supplemental payment levels.The department may submit a proposal to change the amount of supplemental payments under this section to the secretary of administration. If the secretary of administration approves the proposal, he or she shall submit it to the joint committee on finance for approval, modification or disapproval. Joint committee on finance approval of a change in the amount of supplemental payments will be considered to be given, if within 14 calendar days after the secretary of administration files a proposal with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposal. Payment changes approved by the joint committee on finance are subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under s. 13.10 do not apply to this paragraphsubsection.

49.177 (3g) Federal payments. If federal supplemental security income payments increase, the department may, with approval as provided under sub. (2) (b)(2m), reduce payments under this section by all or part of the amount of the increase, subject to 42 USC 1382g.

27,2850Section
2850. 49.178 of the statutes is renumbered 49.74 and amended to read:

49.74 Institutions subject to chapter 150. Any institution created under the authority of s. 49.14, 49.16, 49.171 or 49.17549.70, 49.71, 49.72 or 49.73 is subject to ch. 150.

27,2851Section
2851. The unnumbered subchapter title preceding 49.19 of the statutes is repealed.

49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department of health and social services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

27,2853Section
2853. 49.19 (4) (g) 1. and 2. of the statutes are amended to read:

49.19 (4) (g) 1. If the pregnancy is medically verified, a pregnant woman receiving aid under this section who notifies the county department under s. 46.215 or 46.22 before the 7th8th month of pregnancy begins shall receive a monthly payment determined under sub. (11) (a) 4. from the first day of the month in which the 7th
8th month of pregnancy begins, in addition to the payment determined according to family size under sub. (11) (a). If the recipient provides notification after the 7th
8th month of pregnancy begins, the woman shall receive the additional monthly payment determined under sub. (11) (a) 4. beginning with the first day of the month following notification.

2. Aid to a pregnant woman who is otherwise eligible but has no children is available from the first day of the month in which the 7th8th month of pregnancy begins or the date the woman submits a signed and completed application for aid to the county department under s. 46.215 or 46.22, whichever is later, if the pregnancy is medically verified. The pregnant woman has a family size of one for grant determination purposes under sub. (11) (a) and is additionally eligible for a monthly payment determined under sub. (11) (a) 4.

27,2861Section
2861. 49.19 (5) (d) of the statutes is amended to read:

49.19 (5) (d) The department shall reimburse the county for the funeral, burial and actual cemetery expenses of a dependent child or the child's parents as provided in s. 49.30.

27,2862Section
2862. 49.19 (10) (a) of the statutes is amended to read:

49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 49.52
46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

27,2863Section
2863. 49.19 (10) (d) of the statutes is amended to read:

49.19 (10) (d) Aid may also be paid under this section to a foster home or treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and social services or the department of corrections.

49.19 (11) (a) 1. a. (intro.) Except as provided insubs. (11m) and (11s), monthly payments made under s. 20.435 (4)20.445 (3) (d) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

27,2865mSection 2865m. 49.19 (11) (b) (intro.) of the statutes is amended to read:

49.19 (11) (b) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by federal regulations, including 45 CFR 233.120. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, shall not exceed $150 per family member based on the funding available under s. 20.435 (4) (dc) and (p). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this paragraph in cases of homelessness may be used only to obtain a permanent living accommodation. For the purposes of this paragraph, a family is considered to be homeless if any of the following applies:

49.19 (11) (b) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by federal regulations, including 45 CFR 233.120. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.435 (4)20.445 (3) (dc) and (p). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this paragraph in cases of homelessness may be used only to obtain a permanent living accommodation. For the purposes of this paragraph, a family is considered to be homeless if any of the following applies:

27,2866Section
2866. 49.19 (11m) (a) of the statutes is amended to read:

49.19 (11m) (a) The department shall apply to the secretary of the federal department of health and human services for approval of a demonstration project under which the department provides a person eligible for aid under this section who is described in par. (am) with monthly payments, for the first 6 months that he or she lives in this state, calculated on the basis of the aid to families with dependent children benefit level in the state in which the family most recently resided for one month or longer. The department shall promulgate a rule, which it shall update annually, establishing the methods and identifying the factors that the department will use to determine the aid to families with dependent children benefit that will be paid under the demonstration project according to family size and state of former residence. The rule shall also establish the initial benefit table to be used in determining benefits under the demonstration project. The department shall publish annual changes to this benefit table in the Wisconsin administrative register. The department shall base the benefit for a family on the aid to families with dependent children benefit available to a typical family of the same size in the other state, taking into account all factors that may affect the amount of the benefit. The rule shall specify the factors that the department uses to establish the benefit for participants in the demonstration project. If a family moves from a state that allows a family to keep a different amount of income without reducing benefits than a family would be allowed to keep in this state, the department shall allow the family to keep a similar amount of income without reducing benefits.

27,2867Section
2867. 49.19 (11m) (am) (intro.) of the statutes is amended to read:

49.19 (11m) (am) (intro.) Under the demonstration project, a person is subject to receiving the payments under par. (a) if he or she has not previously resided in this state for at least 6 consecutive months and either:

49.19 (16) The department shall provide written notice of the penalties under s. 49.123 (2)49.29 to each applicant for aid under this section at the time of application and to each person who receives aid under this section on June 18, 1992, at the time of the next redetermination of the person's eligibility.

49.19 (17) The department may recover an overpayment of aid under this section from an overpaid family who continues to receive aid by reducing the amount of the family's monthly aid payment by no more than 10% of the maximum monthly payment allowance under sub. (11) for a family of that size, in the case of overpayments of aid resulting from an intentional violation of ss. 49.19 to 49.41 or the rules promulgated under those sections by a member of the family receiving the overpayment, and by no more than 7% of the maximum monthly payment allowance under sub. (11) for a family of that size, in all other cases.

27,2872Section
2872. 49.191 (title) of the statutes is created to read:

27,2875Section
2875. 49.193 (2) (b) 2. of the statutes is amended to read:

49.193 (2) (b) 2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4) and who, at the time of application for aid under s. 49.19, is not enrolled in school, as defined in s. 49.50 (7) (a)49.26 (1) (a) 2.

27,2879gSection 2879g. 49.193 (4) (k) 1m. of the statutes is created to read:

27,2879mSection 2879m. 49.193 (4m) of the statutes is created to read:

49.193 (4m)Alcohol and other drug abuse prevention and treatment waiver. (a) The department shall request a waiver from the federal department of health and human services to permit the department to do all of the following:

1. Require participation in an alcohol and other drug abuse prevention or treatment program as part of the jobs opportunities and basic skills program.

2. Sanction, in accordance with rules promulgated under this subdivision, a person who fails, without good cause, to participate in an alcohol and other drug abuse prevention or treatment program as assigned.